QUESTION: One of our employees working in the marketing division had collected money from our clients for suppressing some invoices from our attention. When we knew about it, the employee was terminated from service. Can we initiate any legal action against the person under Qatar’s laws?
ED, Doha

ANSWER: In addition to the termination from service, the company can initiate action against the person for bribery as per the Qatar penal law. 
Article 146 of the Qatar Penal Law stipulates that any employee who asks, for himself or for another party, for money or benefit or a promise of something in return without the knowledge or consent of his employer, to undertake any of the acts assigned to him or abstain from said act, shall be considered as the receiver of a bribe and a penalty of imprisonment for a period not exceeding three years or a fine not exceeding QR15,000 or both.  

Defects in execution
Q: To what extent can the designer be held liable for the defects in execution of the project? As per law, who will be held liable for the defects in execution? Being the designers of the buildings, are we also liable for the defects? Please advise.
VY, Doha

A: If the scope of work is limited to the design of the buildings, the designer shall not be liable for the defects in execution. 
According to Article 712 of the Civil laws, if the work is limited to the design of the building or structure in whole or in part, he shall be responsible for the defects attributed to the design prepared by him but not for the defects due to the execution method. 
In addition, if the employer entrusts him to supervise the execution in whole or in part, he shall also be liable for the defects attributed to the method of execution supervised. 


Expert delaying report’s submission
Q: I worked with a construction company in Doha and one year ago I got terminated but they still have not paid my entitlements. As suggested from the Labour Department, I filed a labour case through a lawyer and the court appointed an expert in my case for verifying the claims. The expert was appointed in April 2016 and so far he had not submitted the report. When I tried to contact the lawyer, he said that the expert report would be filed soon. The court case is getting postponed due to the delay from the part of expert. Is there any alternative action that could be initiated? What is specified in the law with regard to the delay on part of expert?    
FL, Doha

A: According to Article 351, if the expert fails to submit his report within the term specified in court order, he shall be bound to deposit a submission stating the work performed, and reasons that hinders from the completion of his duty. If the court founds the reasons justifiable, the court shall grant the extension of time to submit the report. If the reasons for delay in submission is not justifiable, the court may impose a fine not exceeding QR2,000 and grant time or replace him and obligate him to refund the money received from the court. 

The effect of  novation
Q: What’s Novation? Our company is in crisis and few projects in breach. We are deliberating on substitution of a new party or a new commitment. What’s validity under Qatar Law for substitution of a new party/new commitment?
LX, Doha

A: Novation is an agreement made between two contracting parties to allow for the substitution of a new party for an existing one. Also, it is the act of either replacing an obligation to perform with another obligation or adding a new obligation to perform. The effect of  novation is to extinguish an existing contract, and replace the contract with a new one, on the same terms, between different parties. Under Qatari law, a novation will require the consent of the outgoing, continuing and incoming parties.

*Please send your questions by  e-mail to: leges@qatar.net.qa